Legal Question in Business Law in Louisiana

if i had broght a used truck and it breaks down on me about 4 time in less then 30 days can i get my money back


Asked on 4/28/10, 8:29 am

1 Answer from Attorneys

Adam Lambert The Law Office of Adam S. Lambert

Most times, you have no recourse if the car was sold "as is" and without any warranty.

However, if the car had a latent defect that existed prior to the sale and that defect was unknown to you at the time of sale and the defect was so severe that you would not have purchased it (or would not have purchased it at that price), you may have recourse through what is called "redhibition". If the defect showed itself within 3 days of the sale, it is presumed that the defect existed prior to the sale. If the defect showed itself later than 3 days, you must prove that the defect existed prior to the sale.

This is a difficult case to win. The seller will point to the "as is" language of the sale and say you assumed the risk of any defects. As everyone knows, when you buy a used car, "Caveat Emptor!" ("Buyer Beware!")

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Answered on 5/07/10, 7:50 am


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